Numerous federal and state laws cover employees who are not compensated for minimum wage and overtime payments. A qualifying worker has to file a complaint with the Department of Labor agency. Reporting a violation of wage and hour laws in California is done in a few steps.
Reporting a wage and hour violation
File a complaint at the closest Department of Labor office with the Wage and Hour Division (WHD). Include details about the alleged violation, the dates, hours worked and the value of lost wages. Other information includes the type of work, salary and frequency of payment.
After the complaint is filed
The WHD reviews the details of every complaint and decides whether or not to start an investigation. The WHD may request more information from the employee before making the next decision. To avoid retaliation, the agency will not inform the employer of an employee’s filing. In addition, employees can contact a third party to file a complaint on their behalf.
The statutes of limitations of filing wage and hour claims are two to three years. The WHD recommends filing within one-and-a-half years or immediately after the violation occurs. The filing workers must be classified as employees but not independent contractors or temporary employees.
Understanding employee’s rights
Employees have the right to file wage and hour claims against employers that do not respond to their grievances. Every state has different rules for reporting employers to the Department of Labor and Internal Revenue Service. Employees have to follow the requirements of filing and determine if they have legal protections.
